§ 8-6-2001. Title

This subchapter shall be known and may be cited as the “Environmental Compliance Resource Act”.

§ 8-6-2002. Purpose

The purpose of this subchapter is to protect the public health, safety, and welfare of the state by: (1) Improving the operational efficiency of the Division of Environmental Quality concerning the resources provided to local governments and other state agencies, boards, and commissions; (2) Creating the Environmental Compliance Resource Program as a consolidated program to […]

§ 8-6-2003. Definitions

As used in this subchapter: (1) “Alleged violator” means a person that has been issued an environmental citation under this subchapter by an environmental officer; (2) “Cost statement” means a verified written statement that accounts for the cost of solid waste removal or other remediation, including without limitation receipts, and establishes that: (A) The solid […]

§ 8-6-2004. Applicability

This subchapter applies to the enforcement of illegal dumping of solid waste in violation of this subchapter and the Used Tire Recycling and Accountability Act, § 8-9-401 et seq.

§ 8-6-2005. Prohibited conduct

An act or omission that results in one (1) or more of the following in this state is prohibited by this subchapter: (1) The illegal dumping of solid waste on public or private property; (2) The creation or participation in the creation or furtherance of an illegal dump site; (3) The disposal of solid waste […]

§ 8-6-2006. Commission power and duties

The Arkansas Pollution Control and Ecology Commission shall promulgate rules for the administration of the Environmental Compliance Resource Program under this subchapter.

§ 8-6-2007. Division power and duties

(a) The Division of Environmental Quality shall develop, implement, and administer an Environmental Compliance Resource Program as provided under this subchapter and pursuant to the rules promulgated by the Arkansas Pollution Control and Ecology Commission. (b) (1) The division shall designate at least one (1) employee as a program coordinator. (2) A program coordinator shall […]

§ 8-6-2008. Environmental Compliance Resource Program

(a) The Director of the Division of Environmental Quality or his or her designee shall develop, implement, and administer the Environmental Compliance Resource Program. (b) The program shall provide: (1) Guidance and resources to all certified environmental officers; (2) Evaluation of all applicants for initial training as an environmental officer; (3) Coordination of training and […]

§ 8-6-2009. Promulgation of uniform environmental citation form

(a) (1) The Division of Environmental Quality shall develop and promulgate a uniform environmental citation form based on the laws applicable to this subchapter under § 8-6-2004 and conduct prohibited under § 8-6-2005 in consultation with the Attorney General. (2) The uniform environmental citation form shall be used exclusively by all environmental officers in this […]

§ 8-6-2010. Applicant eligibility — Training and examination — Certification fees

(a) (1) An individual is eligible to apply for initial training as an environmental officer if the individual is a current employee of a municipality, city, county, regional solid waste management district, or state agency, board, or commission. (2) The Director of the Division of Environmental Quality shall make the final determination on eligibility. (b) […]

§ 8-6-2011. Environmental officer authority

(a) An environmental officer under this subchapter may perform one (1) or more of the following duties to ensure compliance with and enforcement of this subchapter: (1) Enter public or private property within the state to inspect suspected illegal dump sites, littering, or related complaints; (2) Enter public or private property to collect evidence of […]

§ 8-6-2012. Issuing an environmental citation

(a) An environmental officer shall use the uniform environmental citation form under § 8-6-2009 to issue a citation for an alleged environmental violation under this subchapter. (b) An environmental officer may issue a citation for an alleged environmental violation of this subchapter to an alleged violator within the territorial jurisdiction of the environmental officer’s employer.

§ 8-6-2013. Filing an environmental citation

A citation for an alleged environmental violation issued by an environmental officer shall be filed in a district court of competent jurisdiction in the county where the alleged environmental violation was committed.

§ 8-6-2014. Serving an environmental citation

A citation for an alleged environmental violation issued under this subchapter shall be served in person or by mailing a copy of the citation by certified mail, restricted delivery, to either the address obtained from evidence collected from the environmental violation location or to the last known address of the alleged violator.

§ 8-6-2015. Hearing on an environmental citation — Penalties

(a) (1) (A) Except as provided under subdivision (a)(2) of this section, the alleged violator shall appear before the district court named within the citation at the location and time designated in the citation. (B) The initial hearing shall occur no later than thirty (30) days after the time period expires for remediation of the […]

§ 8-6-2016. Remediation procedures for environmental citations

(a) (1) The environmental officer shall set the time period an alleged violator has to remove the solid waste or otherwise remediate the environmental violation. (2) The time period shall not exceed thirty (30) days from the date of the environmental citation. (b) To determine the time period, the environmental officer shall consider without limitation: […]

§ 8-6-2017. Fines and costs

(a) If fines and costs are not paid for judgments for violations of this subchapter, the party that has not paid the fines and costs is subject to an administrative or civil enforcement action under law or rule, or both. (b) Sanctions for nonpayment may include administrative, civil, or criminal penalties as provided in the […]

§ 8-6-2018. Other authority unaffected

This subchapter does not limit the authority of an employee of: (1) A municipality, city, county, or regional solid waste management district to issue a citation for a violation of a local ordinance or bylaw; or (2) A state agency, board, or commission with the statutory duty to enforce other state laws or rules, federal […]

§ 8-6-2019. Agriculture exemption

(a) Except as provided under subsection (b) of this section, the Arkansas Solid Waste Management Act, § 8-6-201 et seq., this subchapter, and § 8-6-901 et seq. do not apply to: (1) The disposal of solid waste if the disposal: (A) Results from operations of farms, grain elevators, cotton gins, and similar industries; (B) Is […]